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z • <br />y non-appropriation of public funds. It is expressly agreed that Owner shall not activate this non- <br />appropriation provision for its convenience or to circumvent the requirements of this Agreement, <br />but only as an emergency fiscal measure during a substantial fiscal crisis. <br />In the event of a change in the Owner's statutory authority, mandate and/or mandated <br />functions, by state and/or federal legislative or regulatory action, which adversely affects <br />Owner's authority to continue its obligations under this Agreement, then this Agreement shall <br />automatically terminate without penalty to Owner upon written notice to Contractor of such <br />limitation or change in Owner's legal authority. <br />11. ENTIRE AGREEMENT <br />The parties have read this Agreement and agree to be bound by all of its terms, and further <br />agree that it constitutes the complete and exclusive statement of the Agreement between the <br />parties unless and until modified by a written amendment to this Agreement signed by the <br />parties. Modifications may be evidenced by telefacsimile signatures. <br />12. GOVERNING LAW <br />Both parties agree that this Agreement shall be governed by the laws of the State of North <br />Carolina and any action brought under this Agreement shall be brought in the General Court of <br />Justice of the State of North Carolina in Orange County. <br />IN WITNESS WHEREOF Orange County and the Contractor have signed this agreement, <br />effective as of the day and date first above written. <br />ORANGE COUNTY <br />By <br />Frank . Cli$on, M ag <br />200 S. Cameron S . <br />P.O. Box 8181 <br />CONTRACTOR <br />By ~ w <br />Carolina Sunrock, LLC <br />200 Horizon Drive <br />Hillsborough, NC 27278 <br />Raleigh, NC 27615 <br />'s instrument has been approved as to technical content. <br />Pam Jon epartment Director <br />This instrument has been pre-audited in the manner required by the Local Government Budget <br />and Fiscal Control Act. <br />l~(. ~l~~v /J • /~l~ <br />Office of the Finance Officer <br />This instrument has been approved as to legal form and sufficiency. <br />Revised November 2011 3 <br />